s 104 Sequence of sending and carrying out of orders
(1) A holder of a Capital Markets Services Licence who carries on the business of trading in futures contracts shall not instruct another holder to carry out the instructions of the first-mentioned holder’s client unless the consent of that client has been obtained. (2) Subject to subsection (3), a holder of a Capital Markets Services Licence who carries on the business of trading in futures contracts shall send in the sequence in which they are received by the holder all instructions to trade in a class of futures contracts at or near the market price for a futures contract of that class prevailing immediately before the carrying out of the instructions. (3) If— (a) a holder of a Capital Markets Services Licence who carries on the business of trading in futures contracts proposes to trade in a class of futures contracts on the holder’s own account; (b) the person by whom or on whose instructions, the instructions for the trading are to be sent is aware of the instructions of a client of the holder to trade in that class of futures contracts at or near the market price for a futures contract of that class prevailing at that time; and (c) the client’s instructions have not been sent, that person shall not send, and shall not give instructions to any other person to send, the instructions to give effect to the proposal of the holder to trade in that class of futures contracts before the instructions of the client are sent. (4) A holder of a Capital Markets Services Licence who carries on the business of trading in futures contracts or a director, officer, employee or representative of a holder of a Capital Markets Services Licence who carries on the business of trading in futures contracts, shall not, except— (a) to the extent necessary to carry out the instructions concerned; (b) as required by this Act or any other law; or (c) as required by the rules of any futures exchange of which the holder is an affiliate, disclose to any other person the instructions of a client to trade in a class of futures contracts. (5) A holder of a Capital Markets Services Licence who carries on the business of trading in futures contracts who is an affiliate of a futures exchange and who is concerned in the carrying out, on a futures market of a futures exchange, of instructions to trade in futures contracts shall carry out in the sequence in which they are received by the holder all instructions to trade in a class of futures contracts at or near the market price for a futures contract of that class prevailing immediately before the carrying out of the instructions. (6) If— (a) during a particular period, a holder of a Capital Markets Services Licence who carries on the business of trading in futures contracts sends instructions (whether or not those instructions consist of or include instructions giving effect to the proposal of the holder to trade in the class of contracts concerned on the holder’s own account) to trade in a class of futures contracts at or near the market price for a futures contract of that class prevailing immediately before the carrying out of the instructions; and (b) trading in that class of futures contracts is effected under those instructions, the holder shall, except so far as the rules of the futures exchange of which the holder is an affiliate otherwise provide, allocate trading to those instructions— (A) in the sequence in which the trading was effected; and (B) in the sequence in which the holder sent those instructions. (7) A holder of a Capital Markets Services Licence who carries on the business of trading in futures contracts shall keep, in accordance with the regulations, records that set out the prescribed particulars of— (a) the instructions by a client to trade in futures contracts; (b) the date and time of receipt, sending and carrying out of those instructions; (c) the person by whom those instructions are received, the person by whom they are sent and the person by whom they are carried out; (d) the date and time of receipt, sending and carrying out of instructions to trade in futures contracts on the holder’s own account; and (e) the person by whom instructions of the kind referred to in paragraph (d) are received, the person by whom they are sent and the person by whom they are carried out, and shall retain those records for the prescribed period. (8) If— (a) a holder of a Capital Markets Services Licence who carries on the business of trading in futures contracts sends, for carrying out on a futures market outside Malaysia, instructions to trade in futures contracts; and (b) it is not reasonably practicable for the holder to set out in the records kept by the holder under subsection (7), the prescribed particulars of the date and time of the carrying out of those instructions, the holder shall set out those particulars as precisely as is reasonably practicable. (9) In this section, a reference to the sending of instructions to trade in a class of futures contracts by a holder of a Capital Markets Services Licence who carries on the business of trading in futures contracts is a reference if the holder has— (a) direct access to the futures market on which the instructions are to be carried out, to the sending of the instructions to that futures market; or (b) access to the futures market on which the instructions are to be carried out only through another holder of a Capital Markets Services Licence who carries on the business of trading in futures contracts, to the sending of the instructions to that other holder.